2. Before or at the beginning of the trial, as a trial fee, one dollar.

3. On filing notice of appeal, two dollars. 4. For issuing an order of arrest, a warrant of attachment, a requisition to replevy, or a warrant of seizure, one dollar.

5. For entry of judgment upon confession, one dollar.

6. On a trial by a jury of six, three dollars; by a jury of twelve, six dollars.

7. For certifying a copy of a paper on file in the clerk's office, ten cents for each folio of one hundred words, except a return on appeal. 8. For issuing a precept in a summary proceeding to recover possession of real property, one dollar.

9. Upon filing a precept in a summary proceeding to recover possession of real property, one dollar.

All fees shall be prepaid before the service shall be performed. (Am. by L. 1920, ch. 510; L. 1922, ch. 516, in effect April 6, 1922.)

Derivation.-Former § 347 amended to conform to new practice. § 347 originally revised from L. 1882, ch. 410, 88 1416, 1417. The words "a requisition to replevy or a warrant of seizure are added in subd. 5.

§ 174. Employee's action; no fees. When the action is brought by an employee against an employer for services performed by such employee, the clerk shall not demand or receive any fees whatsoever from the plaintiff or his attorney, if the plaintiff shall present proof by his own affidavit that his demand is less than fifty dollars, that he is a resident of the city of New York, that he has a good and meritorious cause of action against the defendant and the nature thereof, that he has made either a written or a personal demand upon the defendant or his agent for payment thereof and that payment was refused; provided that if the plaintiff shall demand a trial by jury, he must pay to the clerk the fees therefor. Derivation. Former §§ 44 and 348 amended in form; words "male or female "struck out. 44 originally revised from L. 1882, ch. 410, § 1416; 1887, ch. 387. § 348 originally revised from L 1882, ch. 410, § 1416.

§ 175. No fees or costs in state and city

actions.

In an action brought in the name of the people of the state of New York by the attorney-general, or in the name of the city of New York or of any department, board or officer thereof, by the corporation counsel of the city of New York, for the recovery of a penalty, no fees shall be required to be paid by the plaintiff to the clerk and no costs shall be taxed against the plaintiff; but in case such plaintiff recovers judgment, the costs and taxable disbursements shall be included therein, and if collected shall be accounted for.

Derivation.-Re-enacts the substance of former § 29 and Greater New York charter, § 1384. § 29 am. by L. 1905, ch. 73; originally revised from Greater New York charter, § 1384.

Former § 349 omitted because contained in Greater New

York charter, § 1550.

Former 351, relating to jurors' fees, omitted because included in new § 118, subd. 1 and § 121.

§ 176. Witnesses' fees.

ing or before a commissioner or justice of this court taking a deposition, are entitled to a fee of fifty cents for each day's attendance.

Derivation. Former § 352 amended. § 352 originally revised from code civ. proc., §§ 3318, 3327. Fee increased to fifty cents and provisions for mileage omitted. (See new § 98.)

§ 177. Stenographer's fees.

In all cases of appeal from an order, final order or judgment, where a transcript of the stenographer's minutes of the testimony given on trial or hearing becomes a necessary part of the return on appeal, the stenographer's fees for making up such transcript shall be ten cents for every one hundred words actual count, and shall be paid in the first instance by the appellant and be taxable by him as a disbursement on the appeal.

Derivation.-Former § 353 amended in form. § 353 originally revised from Greater New York charter, § 1367.

§ 178. Marshal's fees.

Fees shall be allowed to marshals as follows: For serving a summons, precept, order of arrest, requisition to replevy, warrant of seizure or warrant of attachment, on each defendant served, one dollar.

For a copy of a warrant of attachment served on a person other than the defendant and for the making of an inventory of the property attached, fifty cents.

For levying an execution or selling under an attachment, five cents for every dollar collected to the amount of one hundred dollars, and two and a half cents for every dollar collected over one hundred dollars.

For every mile, over one mile, one way only, when serving an order of arrest, requisition to replevy, warrant of seizure, warrant of attachment or execution, six cents, to be computed from the clerk's office of the court out of which the mandate was issued to the place where it was executed;

For accompanying a party to obtain security ordered by the court, one dollar for each hour actually consumed;

For taking the defendant into custody on an order of arrest, execution or commitment, two dollars and fifty cents;

For serving a subpoena, fifty cents;

For every levy actually made by virtue of an execution, one dollar;

For executing a warrant in a summary proceeding to recover possession of real property, one dollar, and the same fees for traveling to execute the same as are herein allowed for executing other mandates;

For advertising for sale any property by virtue of an execution, one dollar;

For each day's necessary attendance at such sale, one dollar.

The said marshals shall perform all other services required of them by law, without any fees or compensation, and no other fees, charges, or compensation shall be allowed to, demanded or charged by them.

Derivation. Former § 354 revised and amended. §354 originally revised from L. 1882, ch. 410, § 1710.

Witnesses in an action or a special proceed- Former §§ 355, 356 are omitted.

1075

INDEX TO THE NEW YORK CITY MUNICIPAL

COURT CODE

References are to sections

A

Abandonment bond.

jurisdiction in action brought by commissioner of public charities or overseer of the poor.

remittitur and return of papers.

return....

settlement of case.

time within which to be taken...

sureties, exception to and justification of.

161

160.

156